Written by Don Byrd
Via Religion Clause, a federal judge in Indiana has dismissed claims of religious discrimination brought by a former Harrison County employee who was fired by the county clerk for refusing to process marriage license paperwork for same-sex couples. The claims were brought under Title VII of the Civil Rights Act, which prohibits employers from firing employees because of their religion.
The plaintiff, Linda Summers, claims her sincere religious beliefs conflict with the requirement of processing marriage license applications of same-sex couples, and therefore the clerk’s refusal to grant her a religious accommodation amounts to unlawful religious discrimination. The judge, however, found that Summers failed to demonstrate that an actual conflict existed.
Here is an excerpt from the opinion:
Summers’ job merely required her to process the licenses by entering data and handing out information. Specifically, she had to pull up the application, verify that certain information was correct, collect a statutory fee, print a form, and record the license in a book for public record. At bottom, she was simply tasked with certifying–on behalf of the state of Indiana, not on her own behalf– that the couple was qualified to marry under Indiana law. The duties were purely administrative.
To be clear, Summers did not perform marriage ceremonies or personally sign marriage licenses or certificates. She was not required to attend ceremonies, say congratulations, offer a blessing, or pray with couples. Her employer did not make her express religious approval or condone any particular marriage. Summers remained free to practice her Christian faith and attend church services. She was even free to maintain her belief that marriage is a union between one man and one woman. Thus, she was not forced to “choose between [her] religious convictions and [her] job.”
And concluded:
In the end, Summers should have put her personal feelings aside and heeded the command of her employer. She was certainly free to disagree with the Seventh Circuit’s decision, but that did not excuse her from complying with it. When Summers refused to process a marriage application for a same-sex couple, Defendants were within their rights to terminate her employment as a deputy clerk for insubordination.
Notably, the plaintiff did not bring claims under Indiana’s controversial RFRA law, which went into effect just weeks prior to the complaint’s filing.
